301-310 of 357 results
Workplace relations
In this issue we look at recent important decisions concerning calculating payment of accrued leave on termination redundancy of senior executives the redundancy risk posed by attempts to forcibly relocate employees disaggregating lawful and unlawful reasons in adverse action termination claims and ...
Can you make a supply merely by tolerating something?
In an important ruling the High Court has decided that a purchaser of leased premises will make a supply of the leased premises when after completion the purchaser observes its express obligations under the lease The decision provides much-needed certainty for vendors and purchasers of leased ...
A blow to class action judgments achieving finality
In a recent decision, the High Court considered that a successful class action defendant cannot rely on mere failure by members of a class action to opt out of group proceedings to establish that these members are subsequently prevented from raising other claims ...
Report: Class action risk 2016
Allens have gathered and analysed data which identifies some interesting trends that run counter to some of the typical commentary surrounding class actions in the media. ...
ACCC brings first 'excessive surcharge' proceedings
The ACCC has instituted Federal Court proceedings against Europcar for allegedly imposing excessive payment surcharges on customers. This is the first court proceeding commenced by the ACCC under the new prohibition and serves as a reminder to businesses that card payment surcharges must be limited. ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
'Bordering on impossible' that husband and wife duo were independent contractors
The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...
Octaviar - the perils of procrastination
In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...
Allens' submission to ALRC Class Actions Inquiry - time to revisit the checks and balances
The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...
Confidentiality lost in court – restraining an independent contractor
An independent contractor kept and used a client list, but the New South Wales Court of Appeal decided the list had lost its confidentiality because it had been disclosed in court. ...


